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Crime Victims - Standing Committee

The Crime Victims Committee is a standing committee
of the State Bar of Texas. Its purpose is to educate the legal
profession
and the public about legal and social resources available to crime
victims.
You will find a list of frequently asked questions and answers below.
Links
to crime victim resources also follow.

WHAT'S HERE

CRIME
VICTIMS
COMMITTEE PRESENTATIONS

The Crime Victims Committee makes presentations to local bar
associations
and attorney and judicial groups. The Committee's presentation
about
ethical obligations to crime victims has been approved by the State
Bar
of Texas Continuing Legal Education for ethics credit. If
interested,
please contact the State Bar's Committees
Coordinator at (512) 427-1516 or (800) 204-2222, ext.
1516.

NOTICE OF
CRIMINAL
PROCEEDINGS

Crime victims have a right under Chapter 56 of the
Code
of Criminal Procedure to be notified of all relevant court
proceedings.
Additionally, they have the right to be informed ahead of time if the
proceedings
have been cancelled or rescheduled. Victims should inform the
prosecutor
or victim assistance coordinator of their desire to be notified of
court
settings, as well as make them aware of any changes in contact
numbers.

How will a victim know when something
happens
with his/her criminal case?
A Texas law (Code of Criminal Procedure Article 56.08) requires
prosecutors
to give victims written notice about various important stages of a
criminal
proceeding. For instance, state prosecutors must notify victims no
later
than 10 days after a defendant has been charged with a crime. Read the statute here.
Always feel free to call your local prosecutor's office. For
cases
that have not been filed, call the local law enforcement agency that
investigated
your case.

Victims may also request that the prosecutor notify
them of any scheduled court proceedings, changes in that schedule,
continuances
(when a proceeding is postponed until a later date), and any plea
bargain
agreements that will be presented to a judge. (Code of Criminal
Procedure
Article 56.08(b).) If you have questions about the information you
will
receive, contact the Victim Assistance Division of your local
prosecutor’s
office for more specific information about the case.

Texas jails and prisons also participate in a
automated
notification program called Texas VINE (Victim Information and
Notification
Everyday). It is a free tool for crime victims and other concerned
citizens
that provides basic information on jailed or imprisoned offenders,
case
information and scheduled court events. It will notify
registered
users of changes in offender jail status, case and court events and is
available
24 hours a day, 7 days a week in English or in Spanish. For more
information
about Texas VINE, see www.vinelink.com.
The Texas Department of Criminal Justice-Victim Services Division also
helps
notify victims of prisoner releases. Call TDCJ at
1-800-848-4284.

COUNSELING

Where can crime victims get counseling when
they can’t afford to pay for it on their own?Texas has a Crime Victims' Compensation Fund that is designed
to
pay for some expenses related to the most serious types of crimes when
the
victim has no other way to pay. Counseling, for instance, is one of
the
types of expenses that CVC funds can help with. For more information
about
specific expenses covered by CVC funds, see the Texas Attorney
General’s
website: www.oag.state.tx.us or read the Crime
Victims' Compensation brochure [PDF] For help filing a CVC fund
request, contact the Victim’s Assistance
Division in the local prosecutor’s office.

FUNDING FOR
PROGRAMS

Where can victim services programs get information about
potential
funding sources?
Start with these potential resources:

The Texas Attorney General’s Office has limited funding
for grants and/or contracts for direct services and support for
crime victims. For
more information see this
brochure [PDF]
For further information, call the office of the AG grants
coordinator at
(512) 463-0826.

DOMESTIC/FAMILY
VIOLENCE

What is family violence?Family violence is defined in Chapter 5 of the Texas
Code
of Criminal Procedure as: (1) an act of or threat to cause
physical
harm by one member of a family or household against another;
(2) abuse
of a child by a member of the child's family or household; and (3)
dating
violence.
"Family" includes blood relatives or relatives by marriage, former
spouses,
parents of the same child, foster parents and foster children, or any
member
or former member of a household (people living in the same house,
related
or not). The existence of dating relationships is determined by
the
length of the relationship, the nature of their relationship, and the
frequency
and type of interaction between the persons involved.

Who can help family violence victims obtain assistance and
shelter
information?Victims of family violence are entitled to the maximum
protection
from harm or abuse or the threat of harm or abuse as permitted by
law.
Family violence victims should contact their local law enforcement
agencies,
prosecutor, and family violence centers for assistance.

How can a family violence victim get a protective order?A protective order is a civil court order issued to
prevent
continuing acts of family violence. The order can prohibit an offender
from:
(1) committing further acts of family violence; (2) harassing or
threatening
the victim (directly or indirectly); and (3) going to or near a school
or
day-care center attended by a child protected by the order.
Victims can apply for a protective order through the district or
county
attorney, a private attorney or through a legal aid service
program.
The application must be filed in the county in which the
victim or
the offender lives. There are no minimum time limits to
establish
residency, and protective orders are available in every county in
Texas.
These potential resources may also assist victims:

For more information about the protective order process, see this
brochure [PDF] from the Texas
Attorney General’s website.

HUMAN TRAFFICKING

What is Human Trafficking?
Human Trafficking is the illegal trade in human beings through
abduction, the use or threat of force, deception, coercion, fraud, or
sale for the purposes of sexual exploitation or forced labor. It also
includes people held against their will to pay off a debt. Human
trafficking does not require the crossing of an international border.
Examples of Human Trafficking: Slavery, Involuntary Servitude, Worker
Exploitation, and Sex Trafficking.

A victims' initial agreement to travel or perform some kind of labor
does not allow an employer to later restrict that person's freedom or
to use force or threats to obtain repayment. Consent of the victim is
irrelevant- a person cannot agree to be trafficked. Human Trafficking
victims can be found in Domestic help, Sweat Shops, Prostitution Rings,
Child Pornography, Agricultural Work, Au Pair Programs, Janitorial
Services, Construction, Restaurants, Salons.

Victims of Human Trafficking. Trafficking victims have
rights regardless of immigration status, although non-resident victims
of human trafficking are not eligible for crime victims' compensation
in Texas. All trafficking victims can access police assistance,
emergency shelter, medical care, and protective orders without the
obligation to state their place of birth or immigration status. Other
rights can include benefits such as food stamps, Temporary Assistance
to Needy Families (TANF), social services, and immigration
relief. Additional resources and services are available for minors who
are victims of Human Trafficking.

Texas Laws against Trafficking. The Texas Penal
Code criminalizes the Trafficking of Persons. Read the Statute.

STATE RESOURCES

Several resources for crime victims are available at the state
level.
Some of them include:

Reporting Child or Elder Abuse or Neglect:
Contact
the Department of Family and Protective Services at (800) 252-5400
or see its
website.
Visit the website of Children's
Advocacy Centers. For information about the
court-appointed advocate program for abused or neglected children,
see Texas
CASA's website.
For information about child abuse/neglect resources and laws, see this
brochure [PDF] from the Texas Attorney General's Office.

Texas State Securities Board: The State Securities
Board is responsible for regulating the securities industry in Texas.
They register securities offered or sold in Texas and oversee the
firms and individuals selling securities or providing investment advice
to Texans. Contact the State Securities Board to file a complaint about
the offer and sale of securities or about your securities dealer or
investment adviser.

Texas Department of Criminal Justice- Inmate
Search: For information on a Texas Offender's TDCJ number,
incarceration location, offense of conviction, incarceration history
(offense, county and court of conviction of offenses for which the
offender was incarcerated previously), current incarceration offense
(county and court of conviction), and projected release date.

NATIONAL
RESOURCES

The following websites also provide helpful information for
victims
of crime and service providers:

Cyber Tip Line: To report instances
of child sexual
exploitation on the internet including child pornography, online
enticement
of children for sex acts, molestation of children outside the
family, sex
tourism of children, child victims of prostitution, and unsolicited
obscene
material or threats sent to a child on the internet, call (800)
843-5678 or visit the website.

Rape, Abuse and
Incest National Network: The nation's
largest anti-sexual assault organization. RAINN operates the
National
Sexual Assault Hotline and carries out programs to prevent sexual
assault,
help victims, and ensure that rapists are brought to justice.
See the website or
call (800) 656-HOPE.

Parents of Murdered
Children: Provides support and assistance
to family and friends of homicide victims, including on-going
emotional
support, education, prevention, advocacy, and awareness. POMC
has many local chapters throughout
Texas and the country.

Security on Campus: Provides
information
about crime victim assistance for crimes occurring on a college
or university
campus and what to do if you become a victim of campus sexual
assault.

Federal Trade Commission: Visit
this site to report identity
theft, or call the Federal Trade Commission at (877) 438-4338.